USCIS Announces a New Filing Option for Candian TN Applications and Reminds Filing Options for Canadian L-1 Applications

Canadian TN Nonimmigrants

On Oct. 1, 2012, USCIS will begin accepting the Form I-129, Petition for Nonimmigrant Worker, filed on behalf of Canadian citizens who are outside the United States and seeking classification as a TN nonimmigrant. With respect to the TN classification, USCIS currently only accepts Form I-129 in connection with a request to extend a TN nonimmigrant’s stay or to change a nonimmigrant’s status to TN. Canadian citizens continue to have the option of applying to U.S. Customs and Border Protection (CBP) for TN classification in conjunction with an application for TN admission to the United States.

Canadian L-1 Nonimmigrants

As a reminder, an employer has the option of filing a Form I-129 individual petition with USCIS on behalf of a Canadian L-1 nonimmigrant. A U.S. employer that has an approved L- 1 blanket petition also has the option to file a Form I-129S, Nonimmigrant Petition Based on Blanket L Petition, along with supporting documentation, with the USCIS service center that approved the L-1 blanket petition, on behalf of a Canadian citizen (or any visa-exempt beneficiary) who is outside the United States. As before, Canadian citizens may apply for L-1 classification in conjunction with an application for L-1 admission to the United States by presenting the Form I-129 (individual petition) or I-129S (under an approved blanket petition) and supporting documentation to CBP.

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